Jules1973 v Abbey

[jules1973]

Louis

 

I havent even got to the AQ stage yet. They havent even acknowledge my claim (issued 15th June) let alone send me a defence, or AQ

[jules1973]

I want to be prepared for the following just in case, and need a tiny bit of help.

If I have to fill in request for judgement by Default on Tuesday (if Abbey havent acknowledged the claim by close of business on Monday).

Under Section D on the Notice of Issue, it says

Amount of claim as stated in claim form SELF EXPLANATORY

(including interest at date of issue)

Interest since date of claim if any (AGAIN SELF EXPLANATORY)

Period From:.................... To ............................. (Stuck on this part)

Rate.................. (OBVIOUSLY 8%)

The bit which states period from............... to .................... (Do I put from the date of my first charge ie 6th June 2001 to Tuesday's date 3rd July 2007) or do I put from the date that I issued my claim ie, 15th June 2007 to Tuesday 3rd July 2007?

This is the part I am not sure on what to put, and looking at CPR 12.6© by reading it, I have come to the conclusion that I have to put from date I issued claim to date of judgement but need clarification that this is correct, dont want to cock it up.

Also, is states Deduct amount (if any) paid since issue.......... Am I right in assuming that even though I sent Abbey a letter rejecting their gogw & asking them to take it back out my account, as they havent yet taken it back that I need to deduct the £280.00 gogw from my total.

P.S as there is a postal strike tomorrow, do I have to give Abbey the benefit of the doubt and not ring the court till Wednesday?

Thanks in advance.

Julie

[jules1973]

Dont worry anyone about answering my previous post, I rung the court today to see if I needed to give them an extra day due to the postal strike and apparantly they acknowledge the claim today and are defending it in full.

 

2 questions though

 

1) Who sends me a copy of the defence, is it the Abbey and then the Court send the official one, or just the Abbey?

 

2) Checked account today & Abbey havent taken back their gogw even though I asked them to. Therefore, is it now worth me sending the court a copy of the letter I received from them, along with my response with a note letting the court know that they have not yet taken it back out of my account, so I have deducted from the amount they gave me?????

 

thanks

[jules1973]

Does this sound okay to send to the court, any help would be much appreciated, as if it sounds okay, I want to get it off in the post asap.

Court Manager

Basildon County Court

Dear Sir/Madam,

Claim Number: 7BQ01828

Could you please make a note of the following on my file.

I rejected a Goodwill Gesture of £280.00 from Abbey in settlement of my claim, and gave them authorisation to remove the sum from my account accordingly.

Its been two weeks since the money was credited to my a/c, and to date, they haven’t taken it back out . Therefore, I will now accept the £280.00 as part settlement.

Yours faithfully,

xxxxxx

[glad]

Hi Jules

The court will inform you that a defence has been received by them (N152-Notice that a defence has been filed)and attach a copy of Abbey's defence for you.They will also enclose an AQ if required.

[petcat]

Jules your letter sounds fine.Good luck, will keep popping in to see how your doing.

[kev2b3]

are you going to try and contact mrs kirkman again jules.

[jules1973]

Jules your letter sounds fine.Good luck, will keep popping in to see how your doing.

 

 

Thanks petcat,

 

Have you decided yet where you are going on holiday yet with your winnings?

[jules1973]

are you going to try and contact mrs kirkman again jules.

 

 

Hi Kev

 

Not going to bother contacting her until i receive their defence. If the paltry 65% offer comes with it, then I have a reply already typed up and ready to wing its way to them.

 

Basically says that I know that they wont go to a full hearing and have settled loads before court and that I can supply a list of these cases and will be including this list in my court bundle, then go on to say I will accept 85% of the total claim.

 

If i get anything off them offering me a settlement, I will post the letter up before I send it for someone to cast their eye over.

 

How are you doing? have you sent in your N1 yet, Melissa (sutherm) was due to hand hers in today.

[petcat]

Thanks petcat,

 

Have you decided yet where you are going on holiday yet with your winnings?

hopefully disneyland france with my 6 yr old for a couple of days and the cornbury festival, depends when they pay me! Trying to pressure them into paing me a check instead of in my act where half goes to the overdraft!!Then il pay them five pound a month,if they get shirty....

got my fingers crossed for you(and I)

[reka]

i had a £1500 overdrarft with the abbey, i let them pass it to DCA's, then tied them in knots...havent hear a peep out of them for over 6 months now.

 

They know if the come after me again they will be in court or get a fine for breaching the code

[jules1973]

Update

 

Received Note from Court Saturday, confirming that Abbey Acknowledged my claim on 28th June and intend to defend it in full. BRING IT ON.

[jules1973]

Does anyone think that with Yorkshire Bank now committed to a test case that the banks will settle quicker or drag it out as long as possible to see how the test case goes?

 

I am surprised that a bank is actually willing to disclose how much their charges actually cost, didnt think any of them would.

 

I would be interested to hear others views.

[noobrider]

Yorkshire bank will not disclose...the whistle blower has evidence to prove that their charges are no more than £2. If it disclosed it would be suicide. They will settle and pay the wasted costs order it is far cheaper.

[jules1973]

Noobrider,

 

Thats what I told my hubby, as I told him that i thought it was the Yorkshire bank that had the whistleblower and there was no way them or any other bank were willing to divulge that info, hopefully it will get the banks scared and make them pay out a lot quicker.

[cherryblossom10]

I am hoping the banks will be scared and pay out quicker too. I don't think there is any chance of them divulging their true costs. I received a letter from the court yesterday saying the bank acknowledged on 6th July and intend to defend in full. More waiting around!

[jules1973]

You are not that far behind me, Abbey have until the coming monday to submit their defence.

[kev2b3]

Hi Jules

hows thing,i just received my notice of issue today and the courts have given abbey until the 25th of july to reply. i am sure abbey will file an acknowledgement of service which will give them another 28 days to reply. fingers and legs crossed for monday, hope everything works out fine for you. i decided to keep my goodwill gesture of £600, the hardest thing now is to decide what to use it for No.1 a deposit for a new racing bike or No.2 a weekend in france with the wife watching the last stages of le tour de france

[jules1973]

Hi kev

 

Not bad thanks, I think your wife could probably do with a break, and keeps you in the good books:D

 

They dont have 28 days from acknowledgement they have 28 days from when the papers were served, ie 14 to acknowledge and 14 days to file a defence.

[jules1973]

Update

 

received Abbey's standard defence and 65% offer, letter going off to them on Monday rejecting it but telling them i will settle for 85% (i expect a no to that).

 

What makes me laugh is they say in their defence you are not entitled to any of the 8% interest, (in my case over £400), then in their letter they offer you 65% of your total claim (which includes interest). If they are adamant that you are not entitled to claim it, then why are offering you 65% of your total claim and not just offer you 65% of your charges and court fees and not ? BECAUSE THEY THINK WE ARE STUPID AND WONT NOTICE THE CONTRIDICTION, and because we know that you are entitled to it. Do they not realise we have brains.

 

They obviously dont have a brain as they stated in their letter that my POC claims that I think I shouldnt have to pay anything, DOH! Not once in my POC does it state that, it says that their charges should be proportionate. God They are SOOOOO Thick.

[cassoli]

Hi jules,

I've just recieved the same letter offering 65%. Have a look at my post Cassoli V abbey. ive just issued a CPR part 18 request.

What do you plan to do next??

 

good luck ,

Casoli

[jules1973]

Abbeys defence abbreviated.

 

 

The only point I don’t really understand is Point 11. Are they trying to say that I have not submitted a breakdown of the charges and what they relate to???? Sorry not very good with legal stuff.

 

 

Can someone help on that point. If they are saying that, then what have they done with the FOUR schedule of charges I have sent them. EATEN THEM.

 

 

1. Save as is specifically admitted in this defence, the defendant denies each and every allegation set out in the POC.

 

 

2. It is admitted that the claimant has a bank a/c with defendant.

 

 

3. At all times the Account has been subject to the applicable terms and conditions which form part of the contract and to which the claimant agreed when the opened the a/c. The defendant will refer at trial to the full conditions but for purposes of the defence will refer to following extracts.

 

(1) you can apply for an O/D, we will tell you your limit and interest rate applicable

 

 

(2) an unauthorised overdraft occurs if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.

 

 

(3) if you have an unauthorised o/d you will be charged fees as set in our tariff or specified to you and these may include fees for transactions we are unable to process due to lack of funds in you’re a/c.

 

4) Thoroughout the period he has had the a/c the claimant has received a number of copies of the conditions and tariff as they were amended and updated (though there has been no material amendment to the conditions extracted in paragraphs 3(1) 92) and (3) above.

 

 

5) any o/d facility on the a/c was (and is) subject to the conditions.

 

 

6) The claimant has overdrawn or exceeded authorised o/d limits on the a/c on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in para 3 such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions such fees were debited to the a/c.

 

 

7) in view of the facts & matters referred to in para 3,4,5,6 above the defendant denies that the a/c of £2747.67 or any other amount was unlawfully debited to a/c and the claimants claim for that repayment of that amount is therefore denied.

 

 

8) claimants contention that the said fees are unenforceable and/or are penalty charges is denied. The fees reflect and are proportionate to the admin expenses incurred due to claimants breach of contract and are a genuine pre-estimate of the damages suffered by defendant.

 

 

9) further or in the alternative, even if said fees are not proportionate to defendant admin expenses incurred (which is denied) claimant remains liable to pay such fees as may be found to be proportionate and claimant is not entitled to repayment of the full amount of each charge.

 

 

10) defendant denies claimant is entitled to claim interest in the amount of £457.17 or any other amount (WHY ARE YOU INCLUDING THIS THEN ABBEY IN YOUR OFFER OF 65%). TALK ABOUT CONTRIDICT THEMSELVES.

 

11) No admissions are made as to the amounts claimed by the Claimants, and the claimant is put to strict proof of the same.

 

 

Can anyone shed any light on what note 11 means???

 

[jules1973]

Hi jules,

I've just recieved the same letter offering 65%. Have a look at my post Cassoli V abbey. ive just issued a CPR part 18 request.

What do you plan to do next??

 

good luck ,

Casoli

 

Hi cassoli

 

I will subscribe to your thread as you are at the same stage as me.

 

I am going to send Inga a letter next monday when she returns from holiday and reject her 65% and tell her I will settle for 85%. I am also going to include a list of abbey claims settled prior to court and try and find out the case numbers for the ones that were struck out. There is around six that I can find, just need their case numbers.

[charleyfarley]

11) No admissions are made as to the amounts claimed by the Claimants, and the claimant is put to strict proof of the same.

 

it means that the onus of proof for the charges is on you.............statements,spreadsheet from them etc.......it's their way of getting round estimated charge claims

[charleyfarley]

reject her 65% and tell her I will settle for 85%.

 

can i suggest you say you'll settle for 90% to give you a little negotiating room:)